March 29, 2016

PLF pays another visit to the Supreme Court

By Mark Miller Senior Attorney

Tomorrow morning (Wednesday, March 30), lead environmental attorney for PLF, M. Reed Hopper, will argue on behalf of property rights, judicial review, and fairness when he represents Hawkes Company before the Supreme Court of the United States in U.S. Army Corps of Engineers v. Hawkes Company, Inc. After the oral argument, I will explain during a nationwide Federalist Society tele-forum how the case looked to me from Reed’s second chair co-counsel seat, sitting just a few steps away from the eight justices. Here are the details and call-in information:

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Want more details (including the fact that you must be a dues-paying member of Fed Soc to participate)? Click this link or see below:

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Please join me on the call!

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Waters of the United States

In 2015 PLF challenged the Environmental Protection Agency’s proposed rule to stretch federal control to nearly every pond, ditch, and puddle in the nation as nothing more than an outrageous—and illegal—power grab under cover of the Clean Water Act. And under the Act, people who are harmed by such rules have six years to sue in federal district court. That is, until the EPA rewrote the rule, trying to prevent legal action by giving property owners just 120 days to sue, and then only in federal appellate courts. On January 22, 2018, the U.S. Supreme Court rejected the EPA’s power play and unanimously ruled for PLF and property rights. The High Court agreed with PLF that the EPA cannot shelter its “waters of the United States” rule from judicial review by arbitrarily limiting where victims can sue.

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